Smith v. . Wilcox
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs, the proprietors of the “ Sunday Courier,” a newspaper printed and published in the city of ¡New York, brought their action against the defendants to recover the agreed price of publishing an advertisement of and for the defendants in such newspaper for six months, in pursuance of a contract made with the agent of the defendants. The making of the contract and the performance of the duty by the plaintiffs was proved.
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Appeal from the Supreme Court. The plaintiffs, the proprietors of the “ Sunday Courier,” a newspaper printed and published in the city of ¡New York, brought their action against the defendants to recover the agreed price of publishing an advertisement of and for the defendants in such newspaper for six months, in pursuance of a contract made with the agent of the defendants. The making of the contract and the performance of the duty by the plaintiffs was proved. It was also proved, that the Sunday Courier was a weekly paper purporting to be published on Sunday iSiorning, that it was dated on…
1Opinion of the CourtAllen, J.
Our statute regulating the “ Observance of Sun day,” prohibits all servile labor or work tin that day excepting “works of necessity and charity,” unless done by those who keep Saturday as a holy day and whose labor does not disturb other persons in the observance of the first day of the week as holy time. It also prohibits the exposure to sale on that day of “any wares,'merchandise, fruit, herbs, goods or chattels,” except meats, milk and fish, which may be sold at .any time before nine o’clock in the morning. (1 R. S., p. 676, §§ 70, 71.) The statute is in harmony With the religion of the…
2Cases cited5 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Sayles v. SmithNew York Supreme Court · 1834
- Stewart v. HawleyNew York Supreme Court · 1839
- Northrup v. FootNew York Supreme Court · 1835
- Palmer v. MayorThe Superior Court of New York City · 1849
3Cited by25 opinions
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- In Re HolmesCalifornia Supreme Court · 1921
- Tucker v. WestSupreme Court of Arkansas · 1874
- Di Guilio v. RiceAppellate Division of the Superior Court of California · 1937
- Shaw v. WilliamsIndiana Supreme Court · 1882
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